Terms & Conditions
- 01About these terms
- 02Our services
- 03Your responsibilities
- 04Fees and payment
- 05Ad spend
- 06Accounts, data and ownership
- 07Results and performance
- 08Term, cancellation and refunds
- 09Third-party platforms
- 10Confidentiality
- 11Liability and your consumer law rights
- 12Privacy
- 13Using our website
- 14Changes to these Terms
- 15Governing law and disputes
- 16Contact us
01About these terms
These Terms and Conditions (“Terms”) apply when you visit our website or engage Marketorr AU (“Marketorr AU”, “we”, “us”, “our”) to manage paid advertising for your business (“you”, “your”, “Client”).
By using our website, requesting a free ad audit, or accepting a proposal, package or invoice from us, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to do so. If we have signed a separate written agreement with you, that agreement prevails over these Terms where the two conflict.
02Our services
We provide paid advertising management for Australian businesses. Depending on your package and what we agree with you, our services can include:
- Campaign strategy, set-up and ongoing management on Google Ads, Meta Ads, YouTube & Display, LinkedIn Ads, TikTok Ads and ChatGPT Ads
- Ad creative and copywriting for your campaigns
- Conversion tracking, analytics set-up and reporting
- Optimisation, budget recommendations and support
We are paid-advertising specialists. Unless we agree otherwise in writing, our services do not include SEO, website design or development, or organic social media management. The specific services, platforms, reporting and support for your account are set out in the package or proposal you accept.
03Your responsibilities
To do our work well we need your help. You agree to:
- give us accurate and complete information about your business, offers, pricing and target customers
- give us timely access to the ad accounts, analytics, website and other tools we need, and tell us if access changes
- review and approve ad creative, copy, budgets and targeting when we ask, and respond within a reasonable time
- make sure you have the right to advertise your products and services, and to use all text, images, video, logos and other material you give us
- make sure your products, services, offers and claims are lawful and can be substantiated, and that your ads and website comply with Australian law and the policies of each advertising platform
If you operate in a regulated area (for example health services, therapeutic goods, financial services, legal services, alcohol or gambling), you are responsible for meeting the rules that apply to you, such as the Australian Health Practitioner Regulation Agency (AHPRA) advertising requirements and Therapeutic Goods Administration (TGA) rules. We will take reasonable care to follow your instructions and platform policies, but we do not provide legal or regulatory advice, and you should confirm your obligations with a suitably qualified adviser.
04Fees and payment
Our management fee is a percentage of your monthly ad spend, depending on your package: 15–20% of your monthly ad spend. The current rates and spend ranges for each package are published on our Pricing page and confirmed in your proposal or invoice. There is no setup fee, and we do not add hidden mark-ups.
- All fees are in Australian dollars and exclude GST unless stated. We will add GST where it applies.
- We invoice management fees monthly. Payment is due by the date shown on the invoice.
- If an invoice is overdue, we may send a reminder and, if it remains unpaid after reasonable notice, pause or suspend our services until it is paid.
- If your ad spend moves into a different package range, we will tell you and confirm the rate that applies before it changes.
- We may change our fees or package rates by giving you at least 30 days’ written notice. If you do not accept a change, you may cancel before it takes effect.
05Ad spend
Ad spend is the money paid to advertising platforms to run your ads. It is separate from our management fee.
- Ad spend is paid directly to the platforms through your own ad accounts and payment methods. We do not take a margin on it.
- You are responsible for all platform charges, including any taxes, and for keeping a valid payment method on your accounts.
- We will manage your campaigns within the monthly budget you have approved. We will not knowingly exceed that budget without your agreement, but platforms can occasionally spend slightly above or below daily targets. This is a normal feature of how they work.
- Credits, refunds and billing disputes for ad spend are handled by the platforms under their own terms.
06Accounts, data and ownership
You own your business. That includes:
- your ad accounts, analytics accounts, pixels, audiences and the data in them
- your website, brand and the content you supply
- the ad creative and copy we produce specifically for you, once the related fees have been paid, excluding third-party materials (such as stock imagery, fonts and music) which remain subject to their own licences
You give us permission to access and use these accounts and materials for the purpose of providing our services. We keep ownership of our own pre-existing tools, templates, processes, reporting formats and know-how. When our services end, we will remove or transfer our access to your accounts as you reasonably direct, and you should do the same for any access you have given us in your own systems.
We will only use your name, logo or results in our marketing, case studies or testimonials with your permission.
07Results and performance
We work hard to improve your results, but advertising outcomes depend on many things outside our control, including your offer, pricing, website, sales process, competitors, seasonality, platform changes and the size of your budget. For that reason we do not promise or guarantee any particular number of leads, sales, return on ad spend, cost per lead, rankings or revenue. Any figures, examples or case studies on our website or in proposals are illustrative only and are not a forecast of what you will achieve.
We recommend giving campaigns at least 90 days to learn and gather data before judging results, and we will report on performance as set out in your package.
08Term, cancellation and refunds
- Unless we agree otherwise in writing, our services run month to month with no lock-in contract.
- Either of us may end the services by giving the other at least 30 days’ written notice. Email is fine.
- You remain responsible for fees for services provided up to the end of the notice period, and for any ad spend already committed with the platforms.
- Management fees cover work performed in the relevant month and are not refundable once that work has been done.
- We may suspend or end our services immediately if you materially breach these Terms, do not pay an overdue invoice after reasonable notice, ask us to run advertising that is unlawful, misleading or in breach of platform policies, or if continuing would put us in breach of the law.
Ending the services does not affect rights or obligations that have already accrued, or terms that by their nature continue (such as payment, confidentiality, intellectual property and limitation of liability).
09Third-party platforms
Our services rely on platforms we do not own or control, including Google, Meta, LinkedIn, TikTok and OpenAI. Each platform has its own terms, policies and approval processes, and can change them, reject or remove ads, restrict or suspend accounts, or experience outages, without notice. We are not responsible for decisions or changes made by a platform, but we will help you respond to them where we reasonably can.
10Confidentiality
Each of us agrees to keep the other’s non-public business information confidential and to use it only to provide or receive the services. This does not apply to information that is public through no fault of the recipient, that the recipient already had or developed independently, or that must be disclosed by law or to our professional advisers.
11Liability and your consumer law rights
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law (including under the Australian Consumer Law) that cannot lawfully be excluded, restricted or modified.
Subject to that, and to the extent permitted by law:
- we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, data or goodwill, arising from our services or your use of our website
- our total liability to you for any claim arising out of the services is limited to the management fees you paid us in the three months before the event giving rise to the claim
- where our liability for breach of a consumer guarantee can be limited, we limit it to supplying the services again or paying the cost of having them supplied again
You agree to indemnify us against claims, losses and costs arising from material you give us or instruct us to use (including text, images, offers and claims) being unlawful, misleading, or infringing another person’s rights.
12Privacy
We handle personal information in line with the Privacy Act 1988 (Cth) and our Privacy Policy. Where we run campaigns, tracking or audiences using your customers’ data, you are responsible for having the notices and permissions required to share that data with us and the platforms.
Please read our Privacy Policy to see what we collect, why, and how to contact us about it.
13Using our website
The information on our website is general in nature and is not tailored advice. We try to keep it accurate and up to date, but we do not guarantee it is complete or error-free. You must not misuse our website, attempt to gain unauthorised access to it, or copy or reuse our content without our permission. Our website may link to third-party sites that we do not control and are not responsible for.
14Changes to these Terms
We may update these Terms from time to time. The version on our website, with its “last updated” date, is the current version. If we make a material change that affects clients we are already working with, we will give you reasonable notice. Continuing to use our services after a change takes effect means you accept the updated Terms.
15Governing law and disputes
These Terms are governed by the laws of [State or Territory], Australia, and each of us submits to the non-exclusive jurisdiction of the courts of that place. If a dispute arises, we ask that you contact us first so we can try to resolve it in good faith before either of us starts formal proceedings.
16Contact us
If you have questions about these Terms, please get in touch:
- Email: office@marketorr.com.au
- Phone: +61 485 029 339
- Hours: Mon–Fri, 9am–5pm AEST
- Address: 56A Malachite Rd, Eagle Vale NSW 2558
Our team is happy to explain anything in plain English.
- office@marketorr.com.au
- +61 485 029 339
- 56A Malachite Rd, Eagle Vale NSW 2558
- Mon–Fri, 9am–5pm AEST